heritage wagons and carriages

TRUCK
& MACHINERY
HERITAGE
WAGONS AND
CARRIAGES
EOI CLOSING
THU
17
DEC
2:00
PM AEST
AVAILABLE VIA EXPRESSION OF INTEREST
Featuring:
• 1st & 2nd Class Compartment
•Goods Wagon
• Camp Wagon
Sandra Hammond
M: 0409 560 210
E: sandra.hammond@manheim.com.au
Viewing:
by arrangement
manheim.com.au
• Clyde Diesel Locomotives
• H Wagon
•Wheel Wagon
Location: Ipswich Workshops,
North Street, North Ipswich.
Davidson Street, Willowburn, Toowoomba.
Bilsen Road, Geebung.
For auction listings manheim.com.au
Buyers Note:
Site Regulations will
apply, Enclosed footwear
must be worn. A buyers
premium of 10% will
apply to all goods sold.
Lot 1 BL 746
First and second class
compartment



Toilets in the middle of the
car
Excessive damage to roof and
structure
Door and windows missing
Lot 2 BL 768
First and second class
compartment


Toilet in the middle of the car
Carriage complete but needs
work
Lot 3 BLCT 30965
Goods wagon




Box car configuration
Rust in the structure
Doors are damaged and hard
to operate
Used to transport goods and
parcels
Lot 4 CW 67
Camp Wagon



Damage to roof structure
Old carriage converted to
camp wagon
Wooden underframe needs
repair
Lot 5 DEL 1270
English Electric Diesel
Locomotive


1270 class
Engine present but nonoperational
Lot 6 DEL 1407
Clyde Diesel Locomotive
 1400 Class
 Parts missing
 Engine present and nonoperational
Lot 7 DEL 1450
Clyde Diesel Locomotive




1450 class
Plenty of rust
Parts missing
Engine present but nonoperating
Lot 8 DEL 1455
Clyde Diesel Locomotive




1450 class
Plenty of rust
Parts missing (Traction
Motors missing)
Engine present but nonoperating
Lot 9 FGW 29282
Wheel Wagon

Wagon used for the
transportation of Rollingstock
wheels
Lot 10
HS 19373
H Wagon






Early style H wagon
Used for general
transportation of freight
Steel underframe
Contents not included
Automatic couplers
Lot 11
HSAF 33244
H Wagon




Used for general
transportation of freight
Serviceable condition
Plenty of rust
Automatic couplers
Lot 12
HSAI 33139
H Wagon




Used for general
transportation of freight
Serviceable condition
Plenty of rust
Automatic couplers
Lot 13
HSAI 34690
H Wagon




Used for general
transportation of freight
Serviceable condition
Plenty of rust
Automatic couplers
Lot 14
HT 20487
Scales Wagon


Used to transport equipment
for testing scales &
weighbridges
Empty equipment not
supplied
Lot 15
HWA 35965
H Wagon



Used for general
transportation of freight
Steel underframe
Contents not included
Lot 16
OT 44348
Caltex Tanker


Riveted tank and underframe
Wheel Bearings missing
Lot 17
QLX 38081
Enclosed freight wagon


Box car configuration for
cartage of general freight
Doors are damaged and hard
to operate
Lot 18
Scale Wagon 3453
Scale Wagon


Used to transport equipment
for testing scales &
weighbridges
Empty equipment not
supplied
Lot 19
Shunt Runner
C17 Tender



C17 tender underframe
Underframe modified for use
not recoverable for C17
tender
Bogies can still be utilised
Lot 20
TES 36330
Old Ballast Plough / Wagon
 Suitable for parts only
Lot 21
VTJ 29941
Small Hopper



Steel and wood constructed
Used for carriage of coal &
minerals
Bearing missing
Lot 22
WHAC 29664
H Wagon





Used for general
transportation of freight
Serviceable condition
Plenty of rust
Automatic couplers
Contents not included
Lot 23
WHAF 29606
Open Wagon





Used for general
transportation of freight
Serviceable condition
Plenty of rust
Automatic couplers
Contents not included
Lot 24 – Number 5
MALY x 7
Louvred Goods Wagon
*Located at Willowburn*
Lot 25 - Number 7
Lot 26 - Number 8
Lot 27 - Number 9
Lot 28 - Number 10
Lot 29 - Number 11
Lot 30 - Number 12
Lot 31 - Quantity of 12 Levers
SALE OF LOCOMOTIVES, HERITAGE WAGONS & CARRIAGES
FOR EXPRESSION OF INTEREST
CLOSING DATE: THURSDAY, 17TH DECEMBER AT 2PM AEST
Terms & Conditions of Expressions of Interest
SUBMISSION OF EXPRESSION OF INTEREST AND NOTIFICATION
1.
Form: All Offers must be in writing, display the correct Expression of Interest
number and the Offeror warrants all information provided is true and correct.
The submission of an Offer constitutes acceptance of these Terms and
Conditions. An Offer may not be withdrawn.
2.
Closing Time:
3.
Lodging: Offers must be lodged at Manheim by one of the following means:
TAXES, CHARGES AND FEES
15.
All bid prices are GST inclusive.
16.
At the time of final payment for the Item, the Purchaser will be required to pay
a Buyers Administration Fee of 10% of the Offered price inclusive of GST. Note
this fee is in addition to the successful Offer price of the Item.
17.
All cost associated with the purchase of the Item, including but not limited to,
duties, taxes, item removal, transport, decommissioning and storage cost, are
to be paid by the Purchaser.
Thursday 17 December at 2pm AEST
•Mail:
Sandra Hammond
Attention:
Manheim Pty Ltd 110 Lamington Avenue, Eagle Farm, Qld 4009
• Email: To be sent to sandra.hammond@manheim.com.au
4.
Seller’s Discretion: The highest or any Offers will not necessarily be accepted.
The Seller or the Agent may withdraw any Item from sale.
5.
Delays: Neither the Seller nor Agent will be liable for or take any responsibility
for Offers not received by the Expression of Interest Closing Time for any
reason, including (but not limited to) industrial disputes, electronic or technical
difficulties.
6.
purchased Item.
Notification: The successful Offeror (Purchaser), if any, will be notified by
email or fax using the contact details provided in the successful Offer within 5
business days of the closing date specified. Unsuccessful Offerors may not be
notified.
EXCLUSION OF WARRANTIES, DESCRIPTION, CONDITION, SUITABILITY OF
THE ITEM
18.
All Items having been made available for inspection prior to the closing of the
Expression of Interest, any description of the Item (including any photographs
or other depictions) is provided by the Seller for guidance only and on the strict
understanding that:
a)
All Items having been made available for inspection are deemed that they
have been inspected by or on behalf of the Offeror. All Items are offered for
sale “as is where is” that is, in their current state of repair and condition, with
all defects and faults (if any) latent, patent or otherwise. The Purchaser is not
entitled to cancel any purchase because the Item was not accurately described.
b)
The Item is a used Item and will be subject to wear and tear and other possible
damage or faults. The Offeror must satisfy themselves by inspection or
otherwise as to all aspects of the Item.
PAYMENTS, TITLE TO AND RISK IN THE ITEM
7.
All Offers and payments are to be expressed in and paid in $A (Australian).
c)
8.
The Purchaser must immediately pay upon advice from the Agent that the Offer
was successful, a deposit of 10% of the purchase price or $500 whichever is
greater in cash or bank cheque and pay the balance in cash or bank cheque,
Bpay, Direct Debit, or Credit Card (over the counter only) by 4.00pm (Melbourne
time) one Business Day after sale. A failure to make full payment by 4.00pm one
Business Day after the sale may incur a late payment fee.
Where the Item is comprised of multiple parts then any description and
photos are of necessity general and cannot necessarily be considered to be a
representation of the whole.
d)
Offerors should satisfy themselves as to the accuracy of all information by their
own inspection and cannot rely on any representation of the Agent. No error
or mis-description shall vitiate the sale and the Purchaser shall be bound to
take delivery of the Item sold without allowance or abatement in price. Any
deficiency in the quantity described shall not vitiate the sale, and neither the
Agent nor the Seller shall be bound to deliver more than is in their possession.
e)
No Exclusion of Legislation
To the full extent permitted by law, and notwithstanding the contents of
or any description given in any catalogue, advertisement, Road Test report,
engineers’ report, or other materials issued by any member of the Agent,
all conditions, warranties, guarantees (including without limitation as to the
condition, quality, fitness for purpose, merchantability or compliance with
description of an Item), rights remedies, liabilities and other terms implied or
imposed on any member of the Agent by statute, custom or the common
law are excluded from this Agreement. If a supply under this Agreement
is a supply of goods or services to a consumer within the meaning of the
Australian Consumer Law, provided that, to the extent that the Australian
Consumer Law permits any member of the Agent to limit its liability, then
liability shall be limited to:
i)
in the case of services, the cost of supplying the services again or payment of
the cost of having the services supplied again; and
ii)
in the case of goods, the cost of replacing the goods, supplying equivalent
goods or having the goods repaired, or payment of the cost of replacing the
goods, supplying equivalent goods or having the goods repaired.
9.
All payments being made direct to the bank by EFT must go to the Agent’s
Bank Account as nominated in the Agents tax invoice.
10.
Ownership of the Item passes when the Agent receives notice of clear title and
clear funds on the full payment for the Item. The Purchaser is only entitled to
possession when this occurs. On the transfer of the Item, the Seller warrants
clear title to the Purchaser.
a)
The Offeror is responsible for conducting a search of the Personal Property
Securities Register (PPSR) maintained persuant to the Personal Property
Security Act 2009 (Cth) (PPSA) to ascertain whether any security interests are
recorded in relation to the Item.
b)
The Seller represents and warrants to the Offeror and the Agent that the Item
is not subject to a security interest of any kind including without limitation
under the PPSA (other than a security interest in favour of the Seller which
will be released at or prior to the time title in the Item is intended to pass to
the Purchaser).
11.
Unless otherwise stated the Item will be available for collection by the
Purchaser following receipt of full payment, by appointment only, from the
location at which the item was available for inspection. All Items must be
cleared from the collection location by 4:00pm one Business Day after receipt
of clear funds. Storage fees may apply for a late collection.
12.
The Purchaser must arrange for the collection of the Item using appropriate
vehicles and equipment which comply with all applicable laws, including
occupational health and safety and road safety related laws and codes. If the
Purchaser’s vehicle or equipment is, in the reasonable opinion of the Seller
or Agent, considered to be unsafe for the purpose or otherwise in breach of
relevant laws, the Seller or Agent may refuse to allow the Item to be collected
and any consequent cost, loss or damage, including storage fees where
applicable, will be at the Purchaser’s expense.
f)Where any description of Item, including any photographs, includes a reference
or depiction as to the inclusion of specific features, then unless expressly
stated no warranty or reassurance is given that the specific features are fitted,
complete, functioning or fit for the purpose for which they were designed.
g)
The Offeror will independently verify any information which is important to its
purchasing decision.
h)
Limitation of Liability
13.
All Items shall be at the Purchaser’s risk from the time of notification that their
Offer has been successful and title has been transferred.
i. To
the full extent permitted by law and subject to clause 18 e), neither the
Seller nor the Agent will be liable for any loss, damage, cost or expense
suffered or incurred by a buyer arising out of the sale and purchase of an Item.
14.
Neither the Seller nor the Agent shall be responsible for any damage to
property or injury to or death to persons incurred during the removal of a
ii. Subject
to clause 18 e), the Purchaser agrees and acknowledges that no
member of the Agent accepts any liability or responsibility to the Purchaser
SALE OF LOCOMOTIVES, HERITAGE WAGONS & CARRIAGES
FOR EXPRESSION OF INTEREST
CLOSING DATE: THURSDAY, 17TH DECEMBER AT 2PM AEST
Terms & Conditions of Expressions of Interest
or any third party arising from any indirect or consequential loss, damage
or expense of any kind or nature and the Purchaser releases and forever
discharges each member of the Agent from any such liabilities and any
claims, demands, or causes of action in respect thereof.
iii.Subject to clause 18 e), no member of the Agent accepts any responsibility
for any interpretation which may be placed upon the information provided
to the Purchaser.
uncleared may be resold and the deficiency (if any) on such resale, together
with all cost and charges consequent upon such resale, shall be made good by
the defaulter at this sale.
24.
Potential purchaser’s wishing to inspect the Item will be required to comply
with site access requirements.
25. All Offers submitted must be bona fide and must not be fixed or adjusted
in collusion (or otherwise in accordance with any arrangement or agreement)
with any third party (including but not limited to providing information relating
to intended Offers or attempting to manipulate the sale in any way). If the
Agent becomes aware of any form of collusive activity by an Offeror, the Agent
may terminate the Offeror’s right to participate in the expression of interest
or if the Offer has been accepted by the Agent, the Agent may terminate any
contracts that were entered into by the Offeror relating to the Offer.
i) Subject to clause 18e) the Purchaser agrees to indemnify each member of
the Agent for the full amount of any claim, suit or demand and all costs of
such a claim, suit or demand (including without limitation, legal costs on a full
indemnity basis) made by the Purchaser or any other person in relation to an
offer. This clause 18 i) survives termination of these terms and conditions for
any reason and does not merge upon completion.
j) Circumstances beyond the Agent’s reasonable control
No member of the Agent is responsible for or otherwise liable for any delay
in, or failure of, performance to the extent that any delay or failure is due
to circumstances beyond its reasonable control including, without limitation,
strikes, lockouts and other industrial disputes, breakdown of systems or
network access, flood, fire, explosion or accident.
26. The Offeror must not give or offer anything to the Agent or any employee of
the Agent or their families as an inducement or reward, which could in any way
tend to influence the actions of that person in relation to the tender process.
The Agent does not make any representations or provide any undertakings
to the Offeror other than to invite an Offer. The Agent is not obliged to
negotiate, or sign a contract, with the Offeror.
28.
Offers
a)
By submitting an Offer:
i)The Agent is granted an irrevocable, perpetual, royalty free license to
reproduce the whole or any portion of the Offer for the purposes of evaluation,
notwithstanding any copyright or other intellectual property right that may
subsist in the Offer; and
OCCUPATIONAL HEALTH AND SAFETY AND GENERAL LEGAL
REQUIREMENTS
ii)It is agreed that the Agent may disclose the Offer, along with any other
information disclosed to Manheim during the expression of interest process.
No representation or warranty as to compliance of Item
A. to the Agent’s board of directors, management, consultants and advisers; or
21.
In relation to any general regulatory compliance and any risk presented by the
Item to health or safety and, and subject to any laws:
B. as required by law.
a)
Unless otherwise specifically stated in writing by the Agent neither the Seller
nor the Agent warrant that the Item complies with the requirements of any
relevant legislation, code of practice, Australian or International Standard.
29.
Information supplied by the Agent
a)
b)
Where the Item may be used in a workplace and it is reasonably practicable to
do so the Agent has requested the Seller to:
The information contained in this invitation for expressions of interest is
confidential to the Agent and is issued on the condition that the Offeror
only use this document and the information it contains for the purpose of
preparing an Offer.
i.
Provide and display a statement with that Item to indicate its present
condition including hazards to health or safety.
b)
ii.Supply where relevant certificates, operations manuals, service history and
any other relevant records (collectively “Records”) required by occupational
health and safety laws etc. which may exist for the Item.
The Offeror must keep confidential this invitation for expressions of interest
and all negotiations, documents and other information supplied by the
Agent during the expression of interest process and must not disclose such
information to a third party except as may be required by law.
19.
20. The information is this document has been compiled by the Agent for the
purpose of inviting expressions of interest and must not be relied upon for any
other purpose.
c)
No warranty or assurance is given by the Seller or the Agent as to the accuracy
and completeness of any statement or certificates, operations manuals, service
history and any other relevant records provided to the Purchaser pursuant to
paragraph (b) above; and
d)
The Offeror acknowledges and accepts their own legal responsibility to ensure
that the Item complies with all regulatory requirements before use, including
under occupational health and safety legislation and other safety related
legislation (for example electrical and gas). Without limiting the generality of
the legal obligations this includes the conduct of a risk assessment of the Item
by a competent person and any necessary measures to ensure compliance
before the Item are installed, commissioned or used.
REGISTRABILITY OF VEHICLES, VESSELS, PLANT OR EQUIPMENT
22.
Where the Item comprise registrable vehicles, vessels, plant or equipment then
unless specifically stated in writing by the Agent:
a)
The Item is sold as unregistered; and
b)
No warranty or representation is made that the Item are in a condition, or is
capable of being put into a condition which will allow such registration.
27. All documents submitted in connection with the expressions of interest
process become the property of the Agent on submission.
30. You must provide any additional information reasonably requested by the
Agent in order to evaluate an Offer.
31.
32. Each indemnity in this document is a continuing obligation, separate and
independent from the other obligations of the parties and survives termination
of this document.
33. It is not necessary for a party to incur expense or make payment before
enforcing a right of indemnity conferred by this document.
34.
The Offeror accepts that despite the Agent’s reasonable precautions, an Item
may be listed at an incorrect price or with incorrect information.
35.
The Agent reserves the right to cancel any purchase transaction, even if the
Purchaser has paid the purchase price for the Item. The Agent reserves this
right up until the time the Purchaser collects the Item. If the Agent exercises
this right, the Agent will refund to the Purchaser any purchase price that the
Purchaser has paid.
36.
Subject to clause 18 e) and in addition to clause 18 a), the Agent does not
accept any responsibility for damage sustained to vehicles or equipment
through the normal use of forklifts or other equipment to load, unload and
shift damaged and non mobile vehicles.
37.
It is acknowledged the Agent acts for the Seller. If any dispute arises in relation
to the supply of an Item(s) (whether before or after the Agent has paid the
Seller the proceeds of any sale) the dispute will be between the Purchaser
GENERAL
23.
Upon any Offeror failing to comply with any of the above conditions any
money deposited in part payment shall be absolutely forfeited and all Items
These terms and conditions represent the entire understanding between the
Offeror, Purchaser and the Agent.
SALE OF LOCOMOTIVES, HERITAGE WAGONS & CARRIAGES
FOR EXPRESSION OF INTEREST
CLOSING DATE: THURSDAY, 17TH DECEMBER AT 2PM AEST
Terms & Conditions of Expressions of Interest
and the Seller and the Offeror acknowledges and agrees the Agent will be
excluded from any subsequent action or court proceedings. If the Agent
is subsequently included in any such action or proceedings, the Purchaser
agrees to indemnify the Agent for any liability or costs incurred by the Agent
in relation to such action or proceedings.
PRIVACY
38.The Agent protects the privacy of individuals in accordance with the Privacy
Act 1988 (Cth) (Privacy Act).
a)
The Offeror agrees that it will only collect, hold, use, disclose or otherwise
deal with any personal information (as defined in the Privacy Act) (Personal
Information) disclosed by the Agent or the Seller for the purpose in which it
was disclosed.
b)
The Personal Information collected at the time of completion of this
expression of interest and otherwise in connection with it is collected by the
Agent for the purpose of complying with this process and may be disclosed
to the Seller, the Agent’s related bodies corporate and other third parties
(such as delivery contractors and roads and licensing authorities for this
purpose). The Agent is required and/or authorised to identify the buyers
and sellers of vehicles under applicable Commonwealth, State and Territory
legislation including the Motor Car Traders Act, Australian Consumer Law
and Fair Trading Act and Unclaimed Money Act. Details are available in the
Agent’s Privacy Policy which may be accessed at www.manheim.com.au
c)
It is not likely that the Personal Information collected will be disclosed to any
third parties located overseas.
d)
If the Personal Information requested is not provided, the Offeror may not be
able to bid or purchase an Item from the Agent.
e)
The Agent’s Privacy Policy contains information about how individuals may:
i. Access and correct the Personal Information held about them by the Agent;
ii.Complain to the Agent about a breach of privacy and how the Agent will
deal with such a complaint.
f)
Any queries about privacy can be directed to the Agent’s Privacy Officer, PO
Box 34 Altona North, Victoria 3025, by email at privacy@manheim.com.au or
by telephone on (03) 9922 6555.
INTERPRETATION
Terms have the following meaning:
“Agent”
Means Manheim Pty Ltd and its related bodies corporate
ABN, 79089074206
110 Lamington Avenue, Eagle Farm, Qld 4009
“Business Days” Means Monday to Friday inclusive but excludes a day that is
in whole or part observed as a public holiday in the State or
Territory in which the sale process is being managed, that is
the State or Territory of the mailing address in clause 3 of
these Terms and Conditions.
“Item”Means the Item the subject of this request for Expression of
Interests.
“Seller”Means the person selling the Item the subject of this request
for Expression of Interests.
“Offer”
Means the amount being submitted by the Offeror in
response to the Tender or Expression of Interest
“Offeror” Means the person submitting an off for Tender or Expression
of Interest for the purchase of the Item.
“Purchaser”
Means the Offeror who has been informed by the Agent that their Offer was successful
HERITAGE WAGONS AND CARRIAGES
EOI NO: QR05 CLOSING DATE: THU 17 DEC AT 2:00PM AEST
EOI NUMBER: QR05 • CLOSES THU 17 DECEMBER 2015 AT 2:00PM AEST
I /We (full name of persons or Company expressing interest):
of (full address):
Title (if signing on behalf of a company):
Phone: ( )
Mobile:
Email:
Signature:
do hereby agree to the Terms & Conditions of Expression of Interest as listed above and offer the following amount(s) as full payment for the goods.
I (name:
) acknowledge that if I am successful, I will be charged and agree to pay a
further 9% (including GST) of the final agreed purchase to the Agents.
Lot No.
$ (AUD)
Lot 1
BL 746
1st & 2nd class compartment
Lot 2
BL 768
1st & 2nd class compartment
Lot 3
BLCT 30965
Goods wagon
Lot 4
CW 67
Camp Wagon
Lot 5
DEL 1270
English Electric Diesel Locomotive
Lot 6
DEL 1407
Clyde Diesel Locomotive
Lot 7
DEL 1450
Clyde Diesel Locomotive
Lot 8
DEL 1455
Clyde Diesel Locomotive
Lot 9
FGW 29282
Wheel Wagon
Lot 10
HS 19373
H Wagon
Lot 11
HSAF 33244
H Wagon
Lot 12
HSAI 33139
H Wagon
Lot 13
HSAI 34690
H Wagon
Lot 14
HT 20487
Scales Wagon
Lot 15
HWA 35965
H Wagon
Lot 16
OT 44348
Caltex Tanker
Lot 17
QLX 38081
Enclosed freight wagon
Lot 18
Scale Wagon 3453
Scale Wagon
Lot 19
Shunt Runner
C17 Tender
Lot 20
TES 36330
Old Ballast Plough / Wagon
Lot 21
VTJ 29941
Small Hopper
Lot 22
WHAC 29664
H Wagon
Lot 23
WHAF 29606
Open Wagon
Lot 24
MALY - 5
Louvred Goods Wagon
Lot 25
MALY - 7
Louvred Goods Wagon
Lot 26
MALY - 8
Louvred Goods Wagon
Lot 27
MALY - 9
Louvred Goods Wagon
Lot 28
MALY - 10
Louvred Goods Wagon
Lot 29
MALY - 11
Louvred Goods Wagon
Lot 30
MALY - 12
Louvred Goods Wagon
Lot 31
-
Quantity of 12 Levers
Amount in Words